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90_SB0001sam003
LRB9005872NTmgam02
1 AMENDMENT TO SENATE BILL 1
2 AMENDMENT NO. . Amend Senate Bill 1, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the School Code by changing Section
5 2-3.12 and adding Section 2-3.12a."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 2-3.12 and adding Section 2-3.12a as follows:
10 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
11 Sec. 2-3.12. School building code. To prepare for school
12 boards with the advice of the Department of Public Health,
13 the Capital Development Board, and the State Fire Marshal a
14 school building code that will conserve the health and safety
15 and general welfare of the pupils and school personnel and
16 others who use public school facilities.
17 The document known as "Efficient and Adequate Standards
18 for the Construction of Schools" applies only to temporary
19 school facilities, new school buildings, and additions to
20 existing schools whose construction contracts are awarded
21 after July 1, 1965. On or before July 1, 1967, each school
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1 board shall have its school district buildings that were
2 constructed prior to January 1, 1955, surveyed by an
3 architect or engineer licensed in the State of Illinois as to
4 minimum standards necessary to conserve the health and safety
5 of the pupils enrolled in the school buildings of the
6 district. Buildings constructed between January 1, 1955 and
7 July 1, 1965, not owned by the State of Illinois, shall be
8 surveyed by an architect or engineer licensed in the State of
9 Illinois beginning 10 years after acceptance of the completed
10 building by the school board. Buildings constructed between
11 January 1, 1955 and July 1, 1955 and previously exempt under
12 the provisions of Section 35-27 shall be surveyed prior to
13 July 1, 1977 by an architect or engineer licensed in the
14 State of Illinois. The architect or engineer, using the
15 document known as "Building Specifications for Health and
16 Safety in Public Schools" as a guide, shall make a report of
17 the findings of the survey to the school board, giving
18 priority in that report to fire safety problems and
19 recommendations thereon if any such problems exist. The
20 school board of each district so surveyed and receiving a
21 report of needed recommendations to be made to improve
22 standards of safety and health of the pupils enrolled has
23 until July 1, 1970, or in case of buildings not owned by the
24 State of Illinois and completed between January 1, 1955 and
25 July 1, 1965 or in the case of buildings previously exempt
26 under the provisions of Section 35-27 has a period of 3 years
27 after the survey is commenced, to effectuate those
28 recommendations, giving first attention to the
29 recommendations in the survey report having priority status,
30 and is authorized to levy the tax provided for in Section
31 17-2.11, according to the provisions of that Section, to make
32 such improvements. School boards unable to effectuate those
33 recommendations prior to July 1, 1970, on July 1, 1980 in the
34 case of buildings previously exempt under the provisions of
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1 Section 35-27, may petition the State Superintendent of
2 Education upon the recommendation of the Regional
3 Superintendent for an extension of time. The extension of
4 time may be granted by the State Superintendent of Education
5 for a period of one year, but may be extended from year to
6 year provided substantial progress, in the opinion of the
7 State Superintendent of Education, is being made toward
8 compliance.
9 Within 2 years after the effective date of this
10 amendatory Act of 1983, and every 10 years thereafter, or at
11 such other times as the State Board of Education deems
12 necessary or the regional superintendent so orders, each
13 school board subject to the provisions of this Section shall
14 again survey its school buildings and effectuate any
15 recommendations in accordance with the procedures set forth
16 herein. An architect or engineer licensed in the State of
17 Illinois is required to conduct the surveys under the
18 provisions of this Section and shall make a report of the
19 findings of the survey titled "safety survey report" to the
20 school board. The school board shall approve the safety
21 survey report, including any recommendations to effectuate
22 compliance with the code, and submit it to the Regional
23 Superintendent. The Regional Superintendent shall render a
24 decision regarding approval or denial and submit the safety
25 survey report to the State Superintendent of Education. The
26 State Superintendent of Education shall approve or deny the
27 report including recommendations to effectuate compliance
28 with the code and, if approved, issue a certificate of
29 approval. Upon receipt of the certificate of approval, the
30 Regional Superintendent shall issue an order to effect any
31 approved recommendations included in the report. Items in
32 the report shall be prioritized. Urgent items shall be
33 considered as those items related to life safety problems
34 that present an immediate hazard to the safety of students.
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1 Required items shall be considered as those items that are
2 necessary for a safe environment but present less of an
3 immediate hazard to the safety of students. Urgent and
4 required items shall reference a specific rule in the code
5 authorized by this Section that is currently being violated
6 or will be violated within the next 12 months if the
7 violation is not remedied. The school board of each district
8 so surveyed and receiving a report of needed recommendations
9 to be made to maintain standards of safety and health of the
10 pupils enrolled shall effectuate the correction of urgent
11 items as soon as achievable to ensure the safety of the
12 students, but in no case more than one year after the date of
13 the State Superintendent of Education's approval of the
14 recommendation. Required items shall be corrected in a
15 timely manner, but in no case more than 5 3 years from the
16 date of the State Superintendent of Education's approval of
17 the recommendation. Once each year the school board shall
18 submit a report of progress on completion of any
19 recommendations to effectuate compliance with the code. For
20 each year that the school board does not effectuate any or
21 all approved recommendations, it shall petition the Regional
22 Superintendent and the State Superintendent of Education
23 detailing what work was completed in the previous year and a
24 work plan for completion of the remaining work. If in the
25 judgement of the Regional Superintendent and the State
26 Superintendent of Education substantial progress has been
27 made and just cause has been shown by the school board, the
28 petition for a one year extension of time may be approved.
29 As soon as practicable, but not later than 2 years after
30 the effective date of this amendatory Act of 1992, the State
31 Board of Education shall combine the document known as
32 "Efficient and Adequate Standards for the Construction of
33 Schools" with the document known as "Building Specifications
34 for Health and Safety in Public Schools" together with any
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1 modifications or additions that may be deemed necessary. The
2 combined document shall be known as the "Health/Life Safety
3 Code for Public Schools" and shall be the governing code for
4 all facilities that house public school students or are
5 otherwise used for public school purposes, whether such
6 facilities are permanent or temporary and whether they are
7 owned, leased, rented, or otherwise used by the district.
8 Facilities owned by a school district but that are not used
9 to house public school students or are not used for public
10 school purposes shall be governed by separate provisions
11 within the code authorized by this Section.
12 The 10 year survey cycle specified in this Section shall
13 continue to apply based upon the standards contained in the
14 "Health/Life Safety Code for Public Schools", which shall
15 specify building standards for buildings that are constructed
16 prior to the effective date of this amendatory Act of 1992
17 and for buildings that are constructed after that date.
18 The "Health/Life Safety Code for Public Schools" shall be
19 the governing code for public schools; however, the
20 provisions of this Section shall not preclude inspection of
21 school premises and buildings pursuant to Section 9 of the
22 Fire Investigation Act, provided that the provisions of the
23 "Health/Life Safety Code for Public Schools", or such
24 predecessor document authorized by this Section as may be
25 applicable are used, and provided that those inspections are
26 coordinated with the Regional Superintendent having
27 jurisdiction over the public school facility. Any agency
28 having jurisdiction beyond the scope of the applicable
29 document authorized by this Section may issue a lawful order
30 to a school board to effectuate recommendations, and the
31 school board receiving the order shall certify to the
32 Regional Superintendent and the State Superintendent of
33 Education when it has complied with the order.
34 The State Board of Education is authorized to adopt any
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1 rules that are necessary relating to the administration and
2 enforcement of the provisions of this Section. The code
3 authorized by this Section shall apply only to those school
4 districts having a population of less than 500,000
5 inhabitants.
6 (Source: P.A. 89-397, eff. 8-20-95.)
7 (105 ILCS 5/2-3.12a new)
8 Sec. 2-3.12a. Health/Life Safety Code Advisory
9 Committee.
10 (a) The Health/Life Safety Code Advisory Committee is
11 created. The Committee shall be composed of 11 members. The
12 President of the Senate, the Minority Leader of the Senate,
13 the Speaker of the House of Representatives, and the Minority
14 Leader of the House of Representatives shall appoint one
15 member each, the Governor shall appoint 4 members, and the
16 State Superintendent of Education shall appoint 3 members.
17 At least one member appointed by the Governor shall have
18 resided within a large unit school district for at least 5
19 years preceding the appointment. For the purposes of this
20 Section, a "large unit school district" means a grades K
21 through 12 district with a student enrollment of 3,500 or
22 more. All appointments to the Committee shall be made within
23 15 days after the effective date of this amendatory Act of
24 1998. Members of the Committee shall serve without
25 compensation but shall be reimbursed for their reasonable and
26 necessary expenses from funds appropriated for that purpose.
27 The Committee shall hold an organizational meeting within 10
28 days after the last member has been appointed. The Committee
29 shall select one member as chairperson at this organizational
30 meeting. A majority of the members shall constitute a
31 quorum.
32 (b) The Committee shall review the establishment and
33 enforcement of life safety rules and requirements and the
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1 categorization of life safety items as "urgent" or "required"
2 in safety survey reports, as set forth in Section 2-3.12 of
3 this Code and pursuant to the rules and procedures
4 promulgated by the State Board of Education in the
5 Health/Life Safety Code for Public Schools. In particular,
6 the Committee shall (i) review the process by which items are
7 designated as "urgent" or "required" life safety items and
8 inquire into the classification of life safety items as
9 "urgent" or "required", (ii) review the rules and procedures,
10 including the procedures for appeal and review of safety
11 survey reports and recommendations issued by the State
12 Superintendent of Education pursuant to the safety survey
13 reports, established for compelling, obtaining, and
14 implementing remedial construction and retrofitting of
15 school-related property and buildings mandated under the
16 school building code, known as the Health/Life Safety Code
17 for Public Schools, (iii) inquire into and identify budgetary
18 and other problems, difficulties, and matters of controversy
19 that are associated with the conducting of school safety
20 surveys, and (iv) inquire into the enforcement of the
21 Health/Life Safety Code for Public Schools. The Committee
22 shall report its findings and recommendations to the General
23 Assembly, the Governor, and the State Superintendent of
24 Education by April 15, 1999. The report shall contain
25 recommendations to remedy problems, difficulties, and matters
26 of controversy identified in the report, including those
27 related to the definition and classification of life safety
28 items as "urgent" or "required".
29 (c) This Section is repealed on May 1, 1999.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".